Res judicata

Res judicata ( lat. Res judicata - resolved case) - in Roman law the provision according to which the final decision of the plenipotentiary court, which entered into force, is binding on the parties to the dispute and cannot be reviewed.

Angelo Gambiglioni, De re iudicata , 1579

In modern international law this provision is enshrined in the Statute of the International Court of Justice of the United Nations ^[1] :

Section 59

The decision of the Court is binding only on the parties involved in the case and only on this case.
Section 60

The decision is final and not subject to appeal. In the event of a dispute about the meaning or scope of a decision, its interpretation shall belong to the Court at the request of either party .

The jurisdiction is also applied in specific institutions such as the European Court of Human Rights . In accordance with paragraphs 1-2 of Article 44 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the decision of the Grand Chamber of the Court, and in some cases any of its chambers, is final. However, in this case, the decision is binding only on states.

The principle of a residency is also inherent in arbitral awards . Thus, Article 81 of the Convention on the Peaceful Resolution of International Clashes (The Hague Convention of 1907) contains the following provision:

the arbitral determination resolves the dispute completely and categorically

The model of the rules of the arbitration procedure, which was adopted by the UN International Law Commission , also contains a provision on the judiciary. In particular, article 34 contains the wording that “the arbitral award is the final decision of the dispute ”.